Chapter 4. Special provisions concerning different measures of legal assistance
Taking of evidence in courts
Taking of evidence in Swedish courts
Section 2
A request for taking of evidence in a Swedish court that involves holding a hearing, the production of written evidence or the conduct of a viewing is executed by a district court.
The matter shall be regarded as a taking of evidence outside a main hearing. The parties shall be notified of the time and place for the taking of evidence but only need to be summoned if the party shall be heard or otherwise satisfy something at the taking of evidence.
Section 3
At a taking of evidence a public defence counsel may be appointed in accordance with Chapter 21 of the Code of Judicial Procedure for the suspect or the accused also in other cases than those referred to in Chapter 2, Section 13, if there are special reasons.
Section 4
A judge at the foreign court or representative for the authority that requested the taking of evidence may participate at the taking of evidence and may, with the permission of the court, present questions directly to the person being heard.
Section 5
If the requesting state has presented a request for this, a Swedish prosecutor may participate at the taking of evidence for the purpose of protecting the interests of the requesting state.
Taking of evidence in foreign courts
Section 6
In a case or a matter at a Swedish court, the court may decide that evidence shall be taken in a foreign court. Such taking of evidence may relate to conduct of a viewing, written evidence or hearing of a witness, expert, party, the aggrieved person or the person referred to in Chapter 36, Section 1, second and third paragraphs of the Code of Judicial Procedure.
Section 7
If measures referred to in Chapter 23, Sections 13-15, of the Code of Judicial Procedure shall be taken in a foreign court and the foreign state requires that the request first shall be considered by a court in Sweden, a district court may at the request of a prosecutor decide that such measures shall be taken abroad.
Other forms of cooperation
International assistance in criminal matters
Cooperation under procedures of national law
National procedures for execution of requests for other forms of cooperation
Request for other forms of cooperation
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